Judge to hear arguments in Obamacare lawsuit

A federal judge is set to hear arguments in a Wisconsin senator's lawsuit challenging rules forcing congressional members and their staffs to seek government-subsidized health insurance through small business exchanges.

The Affordable Care Act requires Congress and its staffers to move off the federal employee health plan, which provided tax-free premium subsidies, and into an exchange. Obama's administration adopted rules preserving the subsidies if they use small business exchanges.

U.S. Sen. Ron Johnson, a Republican, filed suit in January alleging Congress and staffers can't use the exchanges because they work for a gigantic employer. He also argues the subsidies will alienate constituents.

Government attorneys have asked U.S. District Judge William Griesbach to toss the lawsuit. Greisbach has scheduled a hearing on the request for Monday morning in Green Bay.

APP. IT'S FREE FOR YOUR SMARTPHONE OR TABLET. WISN NEWS TIME IS NOW 6:02. LATER TODAY, A WISCONSIN JUDGE WILL HEAR ARGUMENTS OVER A LAWSUIT THAT CHALLENGES PART OF THE AFFORDABLE CARE ACT. 12 NEWS REPORTER BEN HUTCHISON IS DOWNTOWN MILWAUKEE WITH THE DETAILS, GOOD MORNING. GOOD MORNING. REPUBLICAN SENATOR RON JOHNSON IS SUING THE OBAMA ADMINISTRATION OVER A U.S. OFFICE OF PERSONNEL MANAGEMENT RULE. THAT RULE STATES THAT CONGRESSIONAL MEMBERS AND STAFFERS MUST OBTAIN HEALTH INSURANCE THROUGH SMALL BUSINESS EXCHANGES. SENATOR JOHNSON SAYS THEY AREN'T ELIGIBLE BECAUSE THE FEDERAL GOVERNMENT IS TOO LARGE. HE ALSO SAYS THAT THE GOVERNMENT'S PREMIUM SUBSIDIES FOR CONGRESSIONAL WORKERS COULD CREATE RESENTMENT WITH HIS CONSITUENTS. GOVERNMENT ATTORNEYS COUNTER BY SAYING JOHNSON HASN'T SHOWED HOW THE RULE HARMS HIM. THAT HEARING WILL BE IN GREEN BAY AT 8:30 THIS MORNING.